Chapter 4: Proposed Land Rights and Responsibilities
Statement

33. We present the proposed Land Rights and Responsibilities
Statement below. It is followed by an elaboration of the vision and
each of the principles, along with examples of current and future
policy, to illustrate how the principles are interrelated and
coherent with the Scottish Government's wider work.

Vision for a strong relationship between the people of
Scotland and the land of Scotland

The ownership, management and use of land and buildings in
Scotland should contribute to the collective benefit of the people
of Scotland. A fair, inclusive and productive system of land rights
and responsibilities should deliver greater public benefits and
promote economic, social and cultural rights.

Principles

1. The overall framework of land rights, responsibilities and
associated public policies governing the ownership, management and
use of land, should contribute to building a fairer society in
Scotland and promote environmental sustainability, economic
prosperity and social justice.

2. There should be an increasingly diverse and widely dispersed
pattern of land ownership and tenure, which properly reflects
national and local aspirations and needs.

3. More local communities should be given the opportunity to own
buildings and land which contribute to their community's wellbeing
and future development.

4. The holders of land rights should recognise their
responsibilities to meet high standards of land ownership,
management and use, acting as the stewards of Scotland's land
resource for future generations.

5. Information on land should be publicly available, clear and
detailed.

6. There should be wide community engagement in decisions about
land.

Vision for a strong relationship between the people of
Scotland and the land of Scotland

The ownership, management and use of land and buildings in
Scotland should contribute to the collective benefit of the people
of Scotland. A fair, inclusive and productive system of land rights
and responsibilities should deliver greater public benefits and
promote economic, social and cultural rights.

When the First Minister spoke at the opening of the Scottish
Parliament on 25 May 2016, she put one central ambition at the
heart of the Scottish Government's programme: "to make real and
lasting progress towards true equality of opportunity for all."
[22]

As part of
Scotland's
Economic Strategy and the
Fairer
Scotland Action Plan, the Scottish Government has made a
commitment to the people of Scotland to take long-term action to
change our society and make it a fairer and more productive place
to live. The Scottish Government envisages a fairer society which
allows those who suffer from disadvantage to participate, and
empowers individuals and communities.

The Scottish Government recognises the relationship between land
and the enjoyment of economic, social and cultural rights. We
envisage a future where the framework of land rights and
responsibilities allows the people of Scotland the opportunity to
realise their aspirations in relation to land.

Adopting a human rights based approach and a wider definition of
human rights helps to focus on the means of achieving the desired
outcomes. This is reflected in the Statement through the balance of
the vision and the principles, with the principles laying out a
route map to achieving the vision. From 1 October 2017, the
Scottish Ministers will have a duty to promote the principles of
the Statement.

The Scottish Land Commission will have the overarching objective
to monitor, advise on and improve understanding of matters relating
to land in Scotland. The Commission will determine its own work
plan and agenda, including conducting research reviewing the impact
and effectiveness of laws or policies, and recommending changes.
The Commission's remit will extend to all land in Scotland, whether
urban or rural and will cover, among other things, ownership and
other rights in land, management of land and use of land. The
Commissioners will have regard to the Statement in fulfilling their
functions.

Principle 1: The overall framework of land rights,
responsibilities and associated public policies governing the
ownership, management and use of land, should contribute to
building a fairer society in Scotland and promote environmental
sustainability, economic prosperity and social
justice.

Scotland's land is a resource for Scotland's people. The
ownership and management of our land and buildings should
acknowledge that the wellbeing of our communities is dependent on
the good stewardship of this resource.

Sustainability is a duty we owe to future generations. Inclusive
growth is a long-term aim, and decisions taken about how to realise
the full public benefits from Scotland's land and buildings must
take the wellbeing of our environment and communities into
consideration.

Viewing land rights and responsibilities through environmental
sustainability, economic prosperity and social justice is central
to the Scottish Government's aim of long-term sustainable
development for Scotland. Decisions made on land ownership,
management and use should consider these three outcomes.

What we are doing

Scotland's
Economic Strategy has inclusive growth as a core priority.
This combines the mutually supportive pillars of increasing
competitiveness and tackling inequality.

The
Fairer
Scotland Action Plan outlines 50 actions around tackling
poverty, reducing inequality and building a fairer and more
inclusive Scotland.

The
2020
Challenge for Scotland's Biodiversity is Scotland's response
to the United Nations Aichi Targets. It calls for increased
efforts to halt the loss of biodiversity and to protect the wider
benefits that a healthy natural environment provides.

The Scottish Government's
Regeneration
Strategy provides a framework for local action to tackle area
inequality, create opportunities and improve communities. The
strategy is supported by various targeted funding streams, aimed
at meeting the needs of communities.

Principle 2: There should be an increasingly diverse and
widely dispersed pattern of land ownership and tenure, which
properly reflects national and local aspirations and
needs.

There may be occasions when the scale or pattern of land
ownership and control, and the decisions of land managers, can be a
barrier to sustainable development for a community. A wide and
diverse availability of land and buildings allows businesses,
organisations and individuals to pursue projects of all scales and
purposes.

Scotland needs to grow its existing businesses and encourage
start-ups, including new business models such as social enterprise
and development trusts. Access to land and premises is a key
requirement for all forms of enterprise. We need to increase the
number of houses in Scotland, and ensure the availability of a
variety of tenure and ownership options which cater for the full
range of people's needs, so that everyone in Scotland has a secure,
comfortable and affordable home. In our rural communities a variety
of farming models, from crofts and smallholdings to larger tenant
farms and estates, provides greater choice to those looking to
enter agriculture and is essential for the sustainability of the
industry. In addition, a wide variety of charitable and public
bodies manages our natural and built heritage and provides a
valuable service to Scotland's economy.

What we are doing

Community
Right to Buy legislation[23] allows community organisations to apply to register their
interest in buying the land and building assets that would help
them in achieving their aims.

Asset Transfer powers in the
Community
Empowerment (Scotland) Act 2015 give community organisations
a right to request the transfer of ownership or other rights in
land from public sector bodies, where they can make better use of
that land.

Forestry Commission Scotland has published
draft
guidance for a new Community Asset Transfer Scheme for the
National Forest Estate.

The Scottish Government's
More Homes Scotland approach brings together several initiatives with the aim of
making more land available for housing, increasing public and
private investment in housing, and ensuring that this housing
responds to the people of Scotland's needs.

The
Land
Reform (Scotland) Act 2016 amends the pre-emptive right to
buy for tenant farmers of certain agricultural holdings to remove
the requirement for tenant farmers to register their interest in
land, making their pre-emptive right to buy automatic, should
their landlord decide to sell.

In addition, the Scottish Government and a range of public,
private and third-sector partners deliver a range of initiatives
to encourage business start-ups and grow existing businesses,
including financial support and advice.

Principle 3: More local communities should be given the
opportunity to own buildings and land which contribute to their
community's wellbeing and future development.

Land is a key asset for delivering a range of economic and
community activities that contribute to sustainable economic
growth. Land and buildings are required for projects such as
housing, allotments, renewable energy generation, and community
businesses and these activities give communities greater
opportunities to realise their economic, social and cultural human
rights. The ownership or lease of land and buildings empowers
communities, by strengthening local people's voices in the
decisions about the resources and services that matter to them.

Community-based organisations deliver countless benefits for
their local communities, in both rural and urban areas. Community
ownership supports community wellbeing by giving local people the
opportunity to identify and respond to their own needs. This can
mean creating jobs through enterprise, supporting vulnerable
people, giving children opportunities, or celebrating local
culture, food or sport.

What we are doing

Under the
Community
Empowerment (Scotland) Act 2015 the Community Right to Buy
powers have been extended to urban Scotland, so that every local
community has the opportunity to benefit from the advantages of
community ownership under this right to buy.

The
Scottish
Land Fund supports communities to buy land and buildings
which will enable that community to become more sustainable and
resilient. The Fund has been increased to £10 million for
2016-17.

Since 2008, the
Climate
Challenge Fund has awarded over £61 million of funding
to 696 community led projects which reduce carbon, and create a
legacy of low carbon behaviour assets.

The Scottish Government continues to support and encourage
communities and organisations towards the ambitious target of
having one million acres of land in Scotland in community
ownership by 2020.

The
Regeneration
Capital Grant Fund provides £25 million per annum for
projects where local communities and local authorities work
together and the community is empowered to undertake the
management and ownership of newly created or refurbished
assets.

The Empowering Communities Fund supports community-led
regeneration activity throughout the country to help tackle
inequality, empowering communities to deliver on the priorities
that matter to them the most.

Principle 4: The holders of land rights should recognise
their responsibilities to meet high standards of land ownership,
management and use, acting as the stewards of Scotland's land
resource for future generations.

Those who own or manage land are responsible for the good
stewardship of that land, and ensuring that Scotland's resource is
maintained for future generations.

The Scottish Government considers that the goal of sustainable
development is to enable all people to satisfy their basic needs
and enjoy a better quality of life, without compromising the
quality of life of future generations.

This links with the
Voluntary Guidelines on the Responsible Governance of
Tenure, which states that the principle of "responsible
investment" should be acknowledged by Government and non-government
bodies. Responsible investment recognises the land as a resource,
which should be invested in so as to ensure a sustainable future
and continued prosperity.

The
National
Planning Framework 3 provides a clear long-term national
vision for development and investment across Scotland for the
next 20-30 years, with a focus on supporting sustainable growth
and a low carbon economy.

Since 2013, the Scottish Natural Heritage led
Peatland
Action initiative has supported restoration of over 10,000
hectares of peat.

The
Scottish
Plant Health Strategy recognises that plant health is at the
heart of Scotland's rural economy, natural environment and
wellbeing and it sets out how, by working together, we can
protect crops, trees, and other plants from new and existing
pests and diseases.

The Scottish Government has agreed to bring forward proposals
for Compulsory Sales Orders which will provide a further tool to
address the problem of abandoned buildings and small plots of
land in town centres and communities whilst also adequately
protecting the rights of owners.

Principle 5: Information on land should be publicly
available, clear and detailed.

Information about land and buildings provides the foundation for
open and transparent decision-making for public and private sector
organisations, communities and individuals.

It is the first step to empowering communities to have more
influence over decisions which affect them in both our rural and
urban settings, and which can impact on local businesses,
employment, housing, and public services.

When more information about land is available it assists
organisations and individuals to influence land ownership,
management and use in a positive manner and enables more informed
decision making, and efficient land use and management, creating
benefit for the local economy, environment and society.

What we are doing

The Scottish Government's
Open
Data Strategy states our aim to make non-personal and
non-commercially sensitive data available, via the internet, in a
format which allows it to be easily used.

The Scottish Government and the Registers of Scotland are
currently developing ScotLIS, an online land and information
system that will allow anyone access to comprehensive information
about any piece of land or property in Scotland through a simple,
single online search.

In May 2014, Scottish Ministers announced the target of
registering the ownership of all of Scotland's land within 10
years. All public land is to be registered within five
years.

The Scottish Government is developing proposals for a
Register of Controlling Interests, which will give further
information about persons who have controlling interests in
owners and tenants of land.

Forest Enterprise Scotland is working on making information
on the National Forest Estate, currently available through the
Forestry
Commission Scotland map browser more accessible, and will
publish a new map-based Register of Land for the National Forest
Estate in January 2017.

Principle 6: There should be wide community engagement in
decisions about land.

Decisions relating to land and buildings can have social,
economic and environmental impacts that are felt by the local
community. Wide public engagement on decisions taken in relation to
land and buildings can help to build trust between the land owner
or land manager, and the community.

Strong relationships between those who manage or own land and
buildings and the affected communities helps both to understand the
issues that the other is facing. Good engagement supports
communities to express themselves on local issues and become
involved in the decisions that affect them.

Engagement enables land owners, land managers and communities to
develop positive and co-operative working relationships. This can
lead to creative and innovative solutions to issues, and better
economic, environmental, social and cultural outcomes for all
parties.

What we are doing

The Scottish Parliament has built in public engagement to the
Land Rights and Responsibilities Statement, by requiring that it
undergo consultation and review every 5 years.

The National Standards for Community Engagement are supported
by
VOICE, a
digital tool to assist individuals, organisations and
partnerships with delivering meaningful community
engagement.

In 2017, the Scottish Government will consult on and publish
specific guidance on engaging communities in decisions relating
to land which may affect communities.

The
Low
Carbon Scotland: Public Engagement Strategy was created in
recognition of the fact that achieving Scotland's climate change
targets can only be done through a joint approach, with
contribution from government, private, public and community
organisations and individuals.

The
Place Standard is an
assessment tool for evaluating the strengths and challenges that
exist in a particular place, in order to support communities and
the public sector, private sector and third sector to work
together to deliver high quality, sustainable places.

The Design Charrettes Programme and Activating Ideas Fund
provide funding to help community groups, local authorities and
third sector organisations improve the design and quality of
their areas. For 2016-17, £300,000 is available across the
two grant schemes to help support design-led participation and
empowerment initiatives, with a focus on improving outcomes in
disadvantaged areas.

Under the
Local
Government in Scotland Act 2003, local authorities, health
boards, the enterprise networks, police, fire and regional
transport partnerships have a duty to carry out Community
Planning, working in concert with the community to plan and
deliver better services

Participation requests are a new process which will allow a
community body to enter into dialogue with public authorities
about local issues and local services.

Question 3:

Do you agree with the Vision of the Land Rights and
Responsibilities Statement?

Please provide comments:

Question 4:

Do you agree with Principle 1 of the Land Rights and
Responsibilities Statement?

Please provide comments:

Question 5:

Do you agree with Principle 2 of the Land Rights and
Responsibilities Statement?

Please provide comments:

Question 6:

Do you agree with Principle 3 of the Land Rights and
Responsibilities Statement?

Please provide comments:

Question 7:

Do you agree with Principle 4 of the Land Rights and
Responsibilities Statement?

Please provide comments:

Question 8:

Do you agree with Principle 5 of the Land Rights and
Responsibilities Statement?

Please provide comments:

Question 9:

Do you agree with Principle 6 of the Land Rights and
Responsibilities Statement?

Please provide comments:

Question 10:

We would like to hear real life stories about the relationship
between Scotland's land and people. Please provide any case studies
which you feel illustrate the vision or principles.